| [video begins] |
| M | —law? |
| C | No, that's not against the law. According to— |
| M | Okay. Good to know. |
| C | What—Can I ask why you chose to practice guitar right here? |
| M | Sure. Um—My parents are abusive. I went to the cops about it multiple times. My brother is a lieutenant with you guys and buried it, multiple times. Running out of ideas. So I thought I'd let his neighbors know that he's abusive, that his trans disabled daughter is—is unable to make any headway with this. And yeah, do you have any questions about that? |
| C | About which part? |
| M | Well, what did you want to know? You asked me what I'm doing out here and what this is about, so I'm telling you. (starts playing) |
| C | So, I'd like to try to come up with some kind of a peaceful resolution— |
| M | Yeah, sure. |
| C | —where they don't feel like they're being harassed, and— |
| M | I'm not harassing them. I didn't say a word to them. They came outside. I didn't say anything to them. I'm just practicing guitar. |
| C | They don't—they don't feel like they can come outside. |
| M | They can feel whatever they want. I can't control other people's feelings. |
| C | They don't feel safe. |
| M | They're not unsafe. I'm not armed. I'm just sitting here practicing guitar. |
| C | I understand that. |
| M | If they don't feel safe, that's their paranoia. |
| C | Okay. |
| M | Okay. |
| C | But that constitutes harassment. |
| M | Sitting and practicing guitar constitutes harassment? |
| C | It does in this situation, yes. |
| M | Why? |
| C | Because you're out here with signs— |
| M | Yes. |
| C | —claiming that they're abusive; I don't know if they are or— |
| M | Does it say that they're abusive? What does it say? It says that they would rather watch me starve than help me. Is that abusing them? |
| C | So— |
| M | I mean, they are abusive. |
| C | How old are you? |
| M | I'm telling you that. I'm 39. |
| C | You're 39 and you think that they are obligated to help you? |
| M | No. I said that they would rather watch me starve than help me. |
| C | I don't know if that's true—or— |
| M | Okay. It's my sign. I can say it if I want. |
| C | Correct. But your sign is causing them distress. |
| M | Okay. Well, they don't have to look at it. (laughs) It's not on their property. |
| C | Okay. So here's— |
| M | I don't know what you're saying to me. |
| C | Here's where we're at: I need you to pack your things up and leave so we can have a peaceful resolution of this. |
| M | Why? |
| C | If you don't do that, then you're going to be arrested for harassment. |
| M | What—what am I doing that's harassing them? Please explain to me. |
| C | You're sitting out here with your signs and there's no good reason for you to be out here with your signs. It's causing them distress. |
| M | (stops playing) I think you're taking their side because my brother's a police lieutenant and because they're landowners and you guys work for them as their own—as—private army, is what it seems to me. |
| C | That's not how it is. |
| M | (resumes playing) I—I didn't ask you what you thought. I said this is what I think. |
| C | Okay. |
| M | Okay? I'm not harassing them. I am sitting here practicing guitar. |
| C | So which direction do we want to go? Do you want to pack up and move on for the day and sort this out another day? Or— |
| M | Yeah. I'll be back tomorrow, sure. Is that what you want me to do? |
| C | I'd prefer that you not come back at all. |
| M | Well, I would like to be here and I'm not harass—I'm not harassing anybody, I'm not doing anything but practicing my guitar. |
| C | Okay. |
| M | And you just told me that's not against the law, so I'm gonna stay. Okay? |
| C | So you're not going to leave when I've asked you to? |
| M | I said I'm not doing anything illegal. I asked you if what I was doing was illegal and you said no. |
| C | You're under arrest for harassment. Could you stand up for me? I don't want to damage your property or hurt you or anything like that. |
| M | Okay. Please don't touch me. |
| C* | (moving phone) —gonna put your phone over there— |
| M | It's—This is live streaming right now. |
| C | That's fine. |
| C* | That's fine. |
| M | Please don't touch me. Please don't touch me. |
| C* | We're recording as well. Everything's being recorded. |
| C* | Can you stand up for me? |
| M | What—What am I being arrested for exactly? |
| C | Harassment, in the first degree. |
| M | Why? Why? What does that mean? |
| C* | Let's take this off. |
| C* | I got this. |
| C | I'll read you the statute as soon as we get you into some handcuffs here. Stand up for me? |
| M | Are you guys serious? I'm not resisting. |
| C | I know you're not. |
| C* | Can you put your hands behind your back for me? |
| M | Please don't do anything to me. |
| C* | We're not going to. |
| C* | We're not going to. |
| M | I didn't do anything. You—I literally asked you if what I was doing was illegal. You literally told me no. I asked you— |
| C | It's causing them—your actions that are occurring here are for the sole purpose of—them— |
| M | No, they're not. I just told you I was practicing guitar. |
| C | And it's causing them distress. |
| M | They feel paranoia. They are scared of everything. That's not me. |
| C* | Would you like us to put your things in your vehicle? |
| M | I would like you to uncuff me and let me go. I didn't do anything. I'm sitting here practicing guitar. |
| C | You—Danielle, do you want us to put your things in your car? |
| M | I asked you—I asked you if what I was doing was illegal and you told me it's not. That's why I said I'm gonna keep doing it. If you had said what I was doing was illegal, then I would have said I'm gonna go. |
| C | It is illegal. 'Cause I— |
| M | Then I'll go! |
| C | I told you that you're causing harassment. You're committing the crime of harassment. |
| M | Look, if you want me to pack up and go, that's what I'll do. |
| C | You're already under arrest. |
| M | You—You told me—I just asked you when you come up here: is that illegal, what I'm doing? You said no, and I said, okay, then, I'm gonna keep doing it. |
| C | In its— |
| M | Make up your mind. |
| C | In itself, no, it's not illegal, but— |
| M | Okay! That's why I said— |
| C | —whenever you—listen for a second, please. |
| M | I said I'm gonna keep doing it— |
| C | When you add— |
| M | —because you told me what I said— |
| C | Listen to me, when you add all these other things to it, then it constitutes harassment. |
| M | According to who? |
| C | The law. |
| M | What does the law say? Read it to me. |
| C* | I have it pulled up. |
| M | Pull it up! |
| C* | Sure. |
| M | What does it say? |
| C* | Hey, Danielle. |
| M | What? |
| C* | Do you want your stuff put in your car? |
| M | I want you to uncuff me and let me go. |
| C* | I—I get—I get that. |
| C* | We're not gonna do that right now. |
| C* | But we're not gonna do that right now. So can we—can we— |
| M | I didn't do anything. I literally asked— |
| C* | —can we—can we come—can we come to a— |
| M | —am I doing something illegal? |
| C | (deep breath) |
| M | He said, no. |
| C* | Do you want to— |
| M | So I said I'm gonna keep doing it. |
| C* | Okay. So your options are [inaudible]. They're either going in your car or they'll be left here. And I don't want them to get taken by anyone. Do you want them in your car? |
| M | Yes, I want them in my car. |
| C* | Okay. Where are your keys out of here? |
| M | In my purse. |
| C* | Which pocket? |
| M | [inaudible] |
| C | Harassment in the first degree is: "a person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person— |
| M | I'm not attempting to cause emotional distress to anyone. |
| C | —and such act does cause person to suffer emotional distress." |
| M | So—okay. So you—you're saying I have to intend to cause emotional distress, 'cause I'm not intending that. |
| C | You are. |
| M | According to who? To you? You have to show intent. I'm not intending that—this sign doesn't say—to them. It's not—it's not calling them anything. It's just saying that they won't help me. |
| C | Well, I'm not going to—I'm not going to ask you any more questions about it, because you're under arrest. If you continue, or if you'd like to continue talking about it, we can certainly do that, after I read your Miranda rights. |
| C* | Do you want your— |
| M | I want my attorney. |
| C* | Do you want your wallet to go with you? Here, you want your—? |
| M | Yeah, I want my wallet. |
| C | Yeah, is there—is there anything here that you'd like for you to—go out to the jail with you? |
| M | You're going to seriously transport me to the jail for this? |
| C | Yes. |
| M | I can't believe this. I'm practicing guitar. I literally asked you if that was illegal. You said no. That's why I said I'm going to keep doing it. If you had told me 'you're going to be arrested if you don't stop this' then I would have said 'okay, fine, I'm out of here'. |
| C | Is your van unlocked so we can get this thing—? |
| C* | I—I have the key. I unlocked it. |
| M | He's got the key. |
| C | Okay. |
| M | Can you at least shut the amp off so it doesn't drain the battery? |
| C* | Yeah, we can do that. |
| C* | Where's the amp at? |
| M | It's attached to the strap. It's got a little red light— |
| C* | Ah, okay, on the guitar? |
| M | —there's a volume knob— |
| C* | I got you. |
| M | Yeah. You just turn the knob all the way down, it'll click off, the red light'll turn off. |
| C* | Okay. |
| M | Did the red light go off? |
| C* | Yeah, it went off. |
| M | Okay. |
| C* | Um—You want the windows up or anything? Are you—? |
| C* | Do you want the windows up or anything? |
| M | How long am I going to be gone? |
| C* | I'm not sure. |
| C* | I couldn't tell you. |
| C* | Are you going to be able to post bond? |
| M | What's bond? |
| C* | I believe it's forty-five hundred. |
| C* | No, it's fifteen. It's E. |
| C | Fifteen? |
| C* | Fifteen, yep. |
| C | Fifteen hundred cash or surety. Which means you can use a bondsman. |
| C* | So you can use a bondsman. Hundred and fifty dollars. |
| M | I have a hundred and fifty on me. How does this work? |
| C* | Well, once you get to the jail, you have to find a bondsman— |
| C | Do you want to take your wallet with you? |
| M | Yes. |
| C | So once you get out to the jail, you have an opportunity out there to make some phone calls. You can make those to your bondsman or whoever you choose to call. And then, once that happens and they come get you, then you'll pay them, usually like a hundred and fifty dollars. It's usually ten percent, but they—bondsmen can set their own prices. |
| M | If—I just want to be clear. If you had told me that I was gonna be arrested, I would have left. |
| C* | Okay. |
| C | And I'll put that in my report. |
| M | That's why I asked you, I mean, what I'm doing—is what I'm doing illegal. You said no. You lied to me. |
| C | I'll put that—I didn't lie to you. |
| M | You told me—you told me what I was doing isn't illegal. |
| C | I'll— |
| M | That's why I responded— |
| C | I'll put that— |
| M | —I'm going to keep doing it. |
| C | I'll put all that in my report. |
| M | This is bullshit and you know it. |
| C* | Do you want the windows up? |
| C* | Do you want the window—yeah? |
| M | Yes. |
| C* | Put that chair in the [inaudible]. |
| C | And then you just want to take your keys, your wallet, and your phone with you? |
| M | I would like to leave. I didn't break a law. I asked you if I was breaking a law and you told me I wasn't. |
| C | Once we're finished, you can—you can come back and get your car. |
| M | I don't give you permission to touch my phone. |
| C* | What's— |
| [video ends] |
